The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) (Variation) Order 1987

Statutory Instruments

1987 No. 1282

MAINTENANCE OF DEPENDANTS

The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) (Variation) Order 1987

Made

21st July 1987

Laid before Parliament

29th July 1987

Coming into force

20th August 1987

At the Court at Buckingham Palace, the 21st day of July 1987

Present,

The Queen’s Most Excellent Majesty in Council

Whereas Her Majesty is satisfied that arrangements have been made in the Federal Republic of Germany to ensure that maintenance orders made by courts in the United Kingdom can be enforced there;

And whereas Her Majesty is satisfied that in the interest of reciprocity it is desirable to ensure that maintenance orders made by courts in that country can be enforced in the United Kingdom;

Now, therefore, Her Majesty, in exercise of the powers conferred on Her by sections 40 and 45(1) of the Maintenance Orders (Reciprocal Enforcement) Act 1972(1), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1.  This Order may be cited as the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) (Variation) Order 1987 and shall come into force on 20th August 1987.

2.  Schedule 1 to the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1979(2) shall be varied by inserting, after the word “Czechoslovakia”, the words “Federal Republic of Germany”.

G. I. de Deney

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

The Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1979 provides for the implementation in the United Kingdom of the Convention on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations concluded at The Hague on 2nd October 1973. The Federal Republic of Germany, in accordance with Article 30 of the Convention, has deposited its instrument of acceptance of the Convention and the Convention came into force between the Federal Republic of Germany and the United Kingdom on 1st April 1987. This Order consequently amends Schedule 1 to the 1979 Order by adding the Federal Republic of Germany to the list of Hague Convention Countries to which that Order applies.

(1)

1972 c. 18; section 40 was amended by paragraph 11 of Schedule 11 to the Civil Jurisdiction and Judgments Act 1982 (c. 27).

(2)

S.I. 1979/1317; Schedule 1 was amended by S.I. 1981/837, 1545 and 1674 and 1983/885 and 1523.